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147 So. 3d 653

Ellis v. State

District Court of Appeal of Florida

Decided September 17, 2014

District Court of Appeal of Florida · decided 2014-09-17

Decided 2014-09-17

ROTHENBERG, J.

¶1This is an appeal from an order summarily denying a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 which, however, should be treated as filed pursuant to rule 3.800(a). On appeal from a summary denial, this Court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D).

¶2Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

¶3Reversed and remanded for further proceedings.

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